Malcolm Cohen & Ors v Co-operative Group Limited & Ors

Malcolm Cohen & Ors v Co-operative Group Limited & Ors

Permission to adduce business valuation and restructuring expert evidence was refused because the pleaded case did not support the relevance or necessity of such evidence, and the issues could be resolved by factual evidence without expert opinion.

Source-derived case information.

Parties
Applicant: Malcolm Cohen; Applicant: Shane Crooks; Respondent: Co-operative Group Limited; Respondent: Co-operative Group Food Limited; Respondent: Co-operative Foodstores Limited; Respondent: Rochpion Properties LLP
Jurisdiction
England and Wales
Judgment Date
03 December 2025
Procedural Posture
Insolvency Application / Interlocutory Application for Permission to Adduce Further Expert Evidence
Outcome
application refused
Legal Topics
Transaction at Undervalue, Preferences, Expert Evidence, Statutory Defence, Business Valuation, Business Restructuring
Insolvency Company Law Transaction at Undervalue Preferences Expert Evidence Statutory Defence Business Valuation Business Restructuring

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Parties

Malcolm Cohen

Applicant

Shane Crooks

Applicant

Co-operative Group Limited

Respondent

Co-operative Group Food Limited

Respondent

Co-operative Foodstores Limited

Respondent

Rochpion Properties LLP

Respondent

Procedural Posture

Insolvency Application / Interlocutory Application for Permission to Adduce Further Expert Evidence

Legal Issues

  1. 1 Whether permission should be granted to adduce business valuation expert evidence
  2. 2 Whether permission should be granted to adduce business restructuring expert evidence
  3. 3 Whether the pleaded case supports the need for business valuation evidence

Ratio Decidendi

Permission to adduce business valuation and restructuring expert evidence was refused because the pleaded case did not support the relevance or necessity of such evidence, and the issues could be resolved by factual evidence without expert opinion.

Court Disposition

application refused

Orders

  • Permission to adduce business valuation expert evidence is refused.
  • Permission to adduce business restructuring expert evidence is refused.